W.P.(C) 12856/2021

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 16.11.2021

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W.P.(C) 12856/2021 & CM 40478/2021

EX HCGD AMI LAL

..... Petitioner

Through

Mr.Omprakash Agarwal, Adv.

versus

UNION OF INDIA AND OTHERS

..... Respondents

Through

Mr.Avnish Singh, Sr. Panel

counsel for UOI with

Ms.Pushplata Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

MANMOHAN, J. (Oral)

The petition has been heard by way of video conferencing.

1. Present petion has been filed seeking a number of prayers.

However, learned counsel for the petitioner prays that a similar order

as passed by a Division Bench in W.P.(C) No.6437/2019 on 30^th May,

2019 be passed in the present writ petition. He clarifies that neither

the judgment and order dated 30^th

3.

Learned counsel for the respondents accepts notice. Learned

counsel for the respondents states that in similar matters notices have

May, 2019 in W.P.(C)

No.6437/2019 nor the judgments referred to in the said order have

been challenged before the Supreme Court by the respondents.

2. Issue notice.

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W.P.(C) 12856/2021

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been issued by the Supreme Court in the application for condonation

of delay and Special Leave Petitions. He, however, candidly state that

there is no stay in the said Special Leave Petitions.

4.

It is pertinent to mention that the petitioner has preferred the

present writ petition primarily to seek a writ of mandamus directing

the respondents to grant the benefit of the second financial

upgradation under the MACP Scheme in the Pay Band of Rs.9300-

34800 with Grade Pay of Rs.4200 w.e.f. 01^st January, 2006 and

wherever 20 years have been completed till the date the petitioners’

voluntarily retired on 30^th June, 2006 or the dates mentioned in the

prayer clause along with consequential benefits including arrears. The

petitioner’s claim is based upon the decision of the Supreme Court in

the case of Union of India and Ors. Vs. Balbir Singh Turn & Anr.,

Civil Appeal Diary No.3744/2016 along with other cases decided on

08^th December, 2017. The petitioner also places reliance on the

decision of the Division Bench of this Court in Sunil Kumar Tyagi vs.

Union of India & Anr., W.P. (C) No.3549/2018 decided on 01^st May,

2019. He emphasises that SLP (Civil) No. 35888/2019, Union of

India Vs. Sunil Kumar Tyagi has been dismissed by the Supreme

Court vide order dated 15^th November, 2019 and even a Review

Petition against the said order has also been dismissed on 27^th

5.

As admittedly there is no interim order passed by the Supreme

Court in any of the Special Leave Petitions filed by the Union of India

in similar matters, we dispose of the present writ petition in similar

terms as passed in W.P.(C) No.6437/2019 i.e. a direction to the

July,

2021.

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W.P.(C) 12856/2021

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respondents to consider the petitioner’s claim in the light of the

judgments passed in Union of India and Ors. Vs. Balbir Singh Turn

& Anr. (supra) and Sunil Kumar Tyagi (supra) as well as Union of

India & Ors. vs. M.V. Mohanan Nair, (2020) 5 SCC 421 and dispose

of the representation of the petitioner positively within twelve weeks

from today. It is clarified that in the event the Supreme Court varies or

set asides the order passed by the Division Bench in the present

petition and/or any other similar matter, then the present order shall

abide by the order(s) of the Apex Court.

6.

With the aforesaid direction, the present writ petition along with

pending application stands disposed of.

MANMOHAN, J

NAVIN CHAWLA, J

NOVEMBER 16, 2021/RN

2021:DHC:3692-DB